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Case Information
Filed
2023-07-19
Status
Open
Type
Miscellaneous|E Filed Par Partition, G.l. Chapter 241
Docket
19 entries
Parties
Plaintiff
Mac Leod, Karen R.|Dunn, Melanie A.
Defendant
Mac Leod, Scott A.
Lawyers
Docket Entries
- Case assigned to the Average Track per Land Court Standing Order 1:04.
- Land Court miscellaneous filing fee Receipt: 442628 Date: 07/19/2023
- Land Court surcharge Receipt: 442628 Date: 07/19/2023
- Complaint eFiled.
- Uniform Counsel Certificate for Civil Cases filed by Plaintiff.
- Motion for Expeditious Appointment of Commissioner, filed.
- The case has been assigned to the A Track. Notice sent. Notice of Judge and Track Assignment was generated and sent to: Plaintiff: Cara Daniels, Esq. [email protected] Sent On: 07/24/2023 13:10:01
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 08/16/2023 Time: 02:15 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Cara Daniels, Esq. [email protected] Sent On: 07/24/2023 13:12:14
- Scheduled Judge: Piper, Hon. Gordon H. Event: Hearing on Motion for Expeditious Appointment of Commissioner Date: 08/16/2023 Time: 02:15 PM (via videoconference) Notice of Event was generated and sent to: Plaintiff: Cara Daniels, Esq. [email protected] Sent On: 07/24/2023 14:19:09
- Plaintiffs' Rule 4C Motion for Special Process Server, filed.
- Notice of Docket Entry: July 25, 2023. Plaintiffs' Rule 4C Motion for Special Process Server, APPROVED. (Patterson, Rec.) Judge: Patterson, Deborah J. Notice of Docket Entry was generated and sent to: Plaintiff: Cara Daniels, Esq. [email protected] Sent On: 07/25/2023 12:59:17
- Event Resulted: Case Management Conference and Hearing scheduled on: 08/16/2023 02:15 PM Has been: Rescheduled For the following reason: Request of Plaintiff(s) Hon. Gordon H. Piper, Presiding
- Event Scheduled Judge: Piper, Hon. Gordon H. Event: Case Management Conference Date: 08/29/2023 Time: 02:15 PM (via videoconference) Case Management Conference Notice and Order was generated and sent to: Plaintiff: Cara Daniels, Esq. [email protected] Sent On: 07/25/2023 15:33:52
- Scheduled Judge: Piper, Hon. Gordon H. Event: Hearing on motion for expeditious appointment of commissioner Date: 08/29/2023 Time: 02:15 PM (via videoconference) Notice of Event was generated and sent to: Plaintiff: Cara Daniels, Esq. [email protected] Sent On: 07/25/2023 15:39:33
- Petitioners' Case Management Conference Statement, filed.
- Affidavit of Service of Petition for Partition, filed. Service on August 4, 2023 at last and usual place of abode.
- Event Resulted: Hearing scheduled on: 08/29/2023 02:15 PM Has been: Held via video Hon. Gordon H. Piper, Presiding
- Event Resulted: Case Management Conference scheduled on: 08/29/2023 02:15 PM Has been: Held via video Hon. Gordon H. Piper, Presiding August 29, 2023. Case Management Conference held via videoconference. Early intervention event held. Attorney Cara Daniels, Esq. appeared for the plaintiffs Karen MacLeod and Melanie Dunn. Defendant Heather MacLeod appeared pro se and informed the court that she assented to the relief requested by the plaintiffs in this partition action. Defendant Scott MacLeod did not appear, despite receiving notice of the partition action and the case management conference. The parties are siblings, all children of the late Christel E. MacLeod. This case is a petition for partition of land located at 28 Victoria Road, Sudbury, Massachusetts ("Property"). The Property is improved by a residential building containing two dwelling units. The parties present in the hearing agree that they hold title to the Property in equal shares, in their individual capacities as tenants in common. Attorney Daniels reported that the Property consists of two residential units, one of which was previously rented to a non-family member who vacated the Property recently. The other residential unit is used periodically by defendant Scott MacLeod, who travels for work but keeps his personal property in the unit and is believed to receive mail at that address. The Property is believed to be currently otherwise unoccupied. The parties contend, and the court agrees, that the Property is incapable of being physically divided and that the desired method of partition would be by private sale. After inquiry from the court, Attorney Daniels confirmed that although the property was most recently conveyed by recorded deed, setting up the title of the current parties, the language of the deed references Land Court Plan No. 27177 A2, suggesting that the Property may in fact be registered land, or part of a larger parcel that includes registered land. Attorney Daniels indicated that there are not believed to be any mortgages, liens, or other encumbrances on the Property. Plaintiff Karen MacLeod confirmed that the Property is insured in the names of the four parties, and that she has been making payments on the policy to keep it current. The court explained that co-owners of property in the Commonwealth have an absolute right to partition per G. L. c. 241, and that, should it prove infeasible to physically divide the property, the only possible outcomes in this particular case will be either (1) sale to a third party followed by distribution of the proceeds to the parties in accordance with their ownership shares, as equitably adjusted, or (2) an agreement among the parties in which petitioner or the respondent purchases the other's interest in the property, and thereby becomes sole owner. Either of these two outcomes may be accomplished just as well by agreement of the parties without the involvement of the court; proceeding by agreement, rather than a partition fully overseen by the court and carried out by a commissioner the court will need to appoint, will, if possible, be more efficient and less expensive to the parties, who thereby will be able to preserve more of the equity in the locus. If the parties cannot agree, and this case progresses in the normal course, the court will be compelled to appoint a partition commissioner to oversee disposition of the property. As the expenses and fees incurred by the commissioner (which may be considerable) in investigating and disposing of the property ultimately will be paid by the parties, the court strongly advised the parties to confer and use best efforts to arrive at consensual resolution of this case that does not require the appointment of a commissioner, and to consider utilizing mediation to facilitate a mutually agreeable settlement. By September 12, 2023, parties to file a joint (to the extent possible) written report confirming, with appropriate detail, that the locus is physically secure and being reasonably cared for and maintained, that all taxes have been paid, that the property is adequately insured as to casualty and liability, protecting the interests of the co-owners, and that all liens and encumbrances on the property are current and pose no risk of forfeiture. Report to also indicate whether the Property is recorded land or registered land, explaining any deed references to a Land Court Plan. Court to schedule further hearing if necessary. Thereafter, plaintiffs to file a motion for appointment of commissioner. Counsel and parties advised to direct all communication with the court to sessions clerk Attorney Nicole Foster. Filings to be made electronically via the Tyler eFile system or by mailing of hard copies to the court. (Piper, C.J.) Notice of Docket Entry was generated and sent to: Plaintiff: Cara Daniels, Esq. [email protected] Interested Party: Heather P MacLeod No addresses available Sent On: 09/01/2023 09:57:46
- Alternative Dispute Resolution: Early Intervention Event held. Judge: Piper, Hon. Gordon H.
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